Savannah morning news. [volume] (Savannah) 1868-1887, 1887-02-09
AGAINST THE CITY.
The Coast Line Railroad Granted
an Injunction.

Judge Emory Speer yesterday gave bis
decision in the Injunction case of the
Coast Line Railroad Company against
the Mayor and Aldermen of Savannah.
The case arose out OF the refusal of tho
railroad company to pay. for paving three
feet on either side of its track on Brough-
ton street with asphalt.
In March, 1886, the City Council passed
an ordinance requiring the railroad COM
pany TO pave not only between Its rails
on Broughton street west of Abercorn,
but also for yard on both the north and
south sides of the track. 1t was es-
timated that the company's share
for such paving without its track
amounted to S3,6S5 80. When payment
was refused the City Marshal was In-
structed TO advertise the company's prop
erty on BroughtOn street, west OF Aber-
corn, for sale. A Dill to restrain the sale
was filed IN the United States Circuit
Court and was argued recently.
In 1873, four years after the incorpora-
ton of tue company, the City Council
adopted an ordinance indicating the route
Of the railroad, and stating that sin the
event OF the paving by the city of the
whole or any portion OF the streets used
by The said railroad company, the portion
OF the track between the rails snaIl be
pdfCN vi hSpJ III SOOu vi ucA anu luOIUNiS III
repair by the company at its own expense
and cost"
subsequently, in 1885, the Legislature of
Georgia authorized the city TO pave its
streets, with the power to assess two
thirds OF the cost on the real estate abut-
ting on the streets improved, provided
that any street railway company hay
ing tracks running through the streets of
said city shall be required to macadamiZe
or otherwise pave, as the said Mayor and
Aldermen OF the city of Savannah may
direct, the width of its tracks, and three
feet on each side of every line of track
now in use, or that may hereafter be con-
structed by such company"
Mr.. Atkins, counsel for the complain
ant, argued that the act of Sept 3, 1855.
was an impairment OF the obligation OF
the contract between the company and
the city, and it was, therefore, contrary
to the constitution of the United States.
Judge Speer sustained the point, stating
that s'upOn review of every authority
cited by counsel for defendant to support
the interference of the Legislature,It will
be found that each case depends upon spe-
clal circumstances, IN view of which the
sovereignty Of the State can be properly
exercised. But there Is no warrant found
for an act which deliberately revOkes a
valid contract between a private corpO-
ration and third party where rights are
vested.
"ThIs the act of Sept. 3, 1885, seeks to do,
and it is for that reason held invalid, so
far as it attempts TO authorize the Mayor
ana Aldermen ct the city of Savannah to
compel the compliments to pave three
feet on each side OF their track, or other
wise than Is stipulated in the ordinance
of Sept. 20, 1873, expressing the contract
between the city and the Coast Line Rail-
way Company. L hold, therefore, that
the compliments, upon the allegations
Of their bill, are entitled TO the injunction
they seek, and the demurrer is OVerruled."